lrc_1973_act_29

(LRC Revised)

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LRC Revised Act

AIR NAVIGATION AND TRANSPORT ACT 1973 REVISED Updated to 1 May 2023 (LRC Revised) Open official source

Number 29 of 1973

AIR NAVIGATION AND TRANSPORT ACT 1973

REVISED

Updated to 1 May 2023

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Air Navigation and Transport Act 1973

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including

Patient Safety (Notifiable

Incidents and Open Disclosure) Act 2023

(10/2023), enacted 2 May 2023, and all

statutory instruments up to and including

Air Navigation and Transport Act 2022

(Commencement) Order 2023

(S.I. No. 220 of 2023), made 27 April 2023, were

considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

revisedacts@lawreform.ie.

Number

1973

AIR NAVIGATION AND TRANSPORT ACT 1973

REVISED

Updated to 1 May

2023

ARRANGEMENT OF SECTIONS

Section

Interpretation.

Application of criminal law to aircraft.

2A.

Disruptive behaviour on board aircraft in flight.

Power of commander of aircraft to put person under restraint.

Duty of commander of aircraft to notify appropriate authority that person is under

restraint.

Power of commander of aircraft to disembark persons from aircraft.

Duty of commander of aircraft to notify appropriate authority that person has been

disembarked.

Power of commander of aircraft to deliver person to Garda Síochána or competent authorities.

Duty of commander of aircraft to notify appropriate authority of intention to deliver

person.

Duty of commander of aircraft to furnish information.

10.

Indemnity to commander of aircraft, etc.

11.

Unlawful seizure of aircraft.

12.

Application of Act of 1965 to persons arrested or delivered under this Act.

13.

Restriction on taking action with respect to breach certain laws.

14.

Certain persons deemed not to have landed in State.

15.

Failure to give notice and information to authorities.

16.

Penalty for offences under section 11.

17.

Amendment of section 10 of Air Navigation (Eurocontrol) Act, 1963.

18.

Expenses.

19.

Short title and commencement.

FIRST SCHEDULE

Convention on offences and certain other acts committed on board aircraft

SECOND SCHEDULE

Convention for the suppression of unlawful seizure of aircraft

Acts Referred to

Extradition Act, 1965

1965, No. 17

Air Navigation (Nationality and Registration of Aircraft) Order, 1963

S.I. No. 88 of 1963.

Probation of Offenders Act, 1907

1907, c. 17.

Air Navigation (Eurocontrol) Act, 1963

1963, No. 15.

Number

1973

AIR NAVIGATION AND TRANSPORT ACT 1973

REVISED

Updated to 1 May 2023

AN ACT TO ENABLE EFFECT TO BE GIVEN TO THE CONVENTION ON OFFENCES AND CERTAIN OTHER

ACTS COMMITTED ON BOARD AIRCRAFT DONE AT TOKYO ON THE 14th DAY OF SEPTEMBER, 1963,

AND THE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT DONE AT THE

HAGUE ON THE 16th DAY OF DECEMBER, 1970, AND TO PROVIDE FOR MATTERS RELATED THERETO.

[19

th December

, 1973]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

Application of Act and collectively cited

Airports and Aviation Acts 1936 to 2004

affected (21.09.2011) by

European Communities (Birds and Natural Habitats) Regulations 2011

(S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg.

1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for

European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that

provides for the consent for a plan or project to which this Regulation applies to

be obtained by default on the failure of the public authority to provide a response

within a specified timescale or otherwise, that provision shall not have effect in

respect of any plan or project to which this Regulation applies

...

Review of existing plans

46. ...

(3) For the purposes of this Regulation, a decision, including a decision to adopt

or undertake, or give approval for a plan, may include those adopted, undertaken or

approved pursuant to any of the enactments set out in the Second Schedule to these

Regulations.

...

General provisions regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given

under these Regulations or under any of the enactments referred to in the Second Schedule

may include conditions requiring compliance with any guideline or code of practice

issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

Airports and Aviation Acts 1936 to 2004

...

Authorised officer of the Irish Aviation Authority authorised to exercise powers

under

Air Navigation and Transport Act 1988

(15/1988), s. 18 in relation to enforcement of any provisions of collectively cited

Air Navigation and Transport Acts

as provided (8.12.1993) by

Irish Aviation Authority Act 1993

(29/1993), s. 72(4), S.I. No. 355 of 1993).

Miscellaneous amendments of Acts.

72.

— ...

(4) An authorised officer of the company may for the purposes of the enforcement of

any provisions of—

(

) the Acts or

this Act or an instrument made or given thereunder and relating to a matter to

which a function of the company relates,

(

) the Annexes to

the Chicago Convention specified in the Schedule, or

(

) the Eurocontrol

Convention,

exercise any of the powers conferred by section 18 of the Act of 1988 on an authorised

person within the meaning of that section and, for the purposes of such exercise,

subsections (2) and (4) of that section shall apply in relation to an authorised officer

of the company as they apply in relation to an authorised person within the meaning

aforesaid.

(5) The powers conferred on an authorised officer within the meaning of section 33

of the Act of 1988 by subsection (1) (b) of that section may be exercised by an authorised

person within the meaning of section 18 of that Act.

Application of collectively cited

Air Navigation and Transport Acts

extended in so far as an instrument made under the collectively cited

Air Navigation and Transport Acts

relates to a matter to which a function of the Irish Aviation Authority relates (8.12.1993)

Irish Aviation Authority Act 1993

(29/1993), s. 74, S.I. No. 355 of 1993.

Offences.

74.

—(1) Without prejudice to subsection (2), if in relation to an aircraft there is a

contravention of a provision of this Act or an instrument to which this section applies,

the operator of the aircraft (not being the State) and the pilot in command thereof

shall be deemed to have contravened the provision or instrument, as the case may be.

(2) A person who contravenes or is deemed to have contravened an instrument to which

this section applies or fails to comply with a condition thereof shall be guilty of

an offence.

...

(6) In a prosecution of a person for an offence under this Act (other than sections

33 to 36), it shall be a defence for the person to prove that the contravention concerned

was due to stress of weather or other unavoidable cause and in a prosecution of the

operator or pilot in command of an aircraft for such an offence, it shall be a defence

for him to prove that the contravention concerned took place without his actual default

or privity.

(7) Where an offence under this Act is committed by a body corporate and is proved

to have been committed with the consent or connivance of, or to be attributable to

any neglect on the part of, any person, being a director, manager or secretary of

such body, or a person who was purporting to act in any such capacity, that person,

as well as the body corporate, shall be guilty of an offence and shall be liable to

be proceeded against and punished as if he were guilty of the first-mentioned offence.

(8) On conviction of a person on indictment for an offence under this Act, the court

may, in addition to any other penalty, order any apparatus, equipment or other thing,

other than an aircraft, used to commit the offence to be forfeited.

(9) (

) In this

section “an instrument to which this section applies” means an order or

regulation made under this Act or (in so far as it relates to a matter to which a

function of the company relates) the Acts or the Air Navigation (Eurocontrol)

Acts, 1963 to 1983, a direction or authorisation to aircraft to proceed given

under this Act or (in so far as it relates to such a matter as aforesaid) the Acts

or under an order or regulation made under this Act or (in so far as it relates to

such a matter as aforesaid) the Acts and a certificate, licence or authorisation

issued or given under this Act or (in so far as it relates to such a matter as

aforesaid) the Acts.

(

) In paragraph

(a) “authorisation to proceed” means an authorisation or instruction,

whether oral or written and by whatever name called given by or on behalf of the

company to the pilot in charge of an aircraft in relation to the piloting, control

or movement of the aircraft or otherwise in relation to the aircraft.

Power of Minister to refuse or cancel the registration of an Aircraft under collectively

cited

Air Navigation and Transport Acts

extended (22.06.1988) by

Air Navigation and Transport Act 1988

(15/1988), s. 15, commenced on enactment.

Extension of power of Minister to refuse or cancel registration of aircraft.

15.—(1) Any power conferred on the Minister under the Acts to refuse or cancel the registration

of an aircraft shall include the power, if it appears to him that an aircraft does

not, or has ceased to, comply with any security or safety requirements specified by

the Minister in a direction under section 13 , to refuse or to cancel the registration

of that aircraft.

(2) Whenever the Minister exercises the power conferred on him by subsection (1),

the cancellation of the registration of the aircraft shall take effect from the date

on which the Minister notifies the operator of the aircraft of the cancellation or

from such later date as the Minister, having regard to all the circumstances, may

specify.

(3) On the commencement of this Act, the Minister shall notify each owner and operator

of each aircraft then registered in the State of his powers under this section.

Functions and references under collectively cited

Air Navigation and Transport Acts

transferred and construed (27.07.1959) by

Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial

Functions) Order 1959

(S.I. No. 125 of 1959), arts. 3, 4 and sch. part 1 item 22. The current Minister

and Department concerned is that of Transport, Tourism and Sport.

2. In this Order—

“functions” includes powers and duties ;

“operative date” means the date of this Order.

3.—(1) The Administration and business in connection with the exercise, performance or

execution of any functions transferred by Article 4 of this Order are hereby transferred

to the Department of Transport and Power.

(2) References to the Department of Industry and Commerce contained in any Act or

instrument made thereunder and relating to any administration and business transferred

by paragraph (1) of this Article shall, on and after the operative date, be construed

as references to the Department of Transport and Power.

4.—(1) The functions vested in the Minister for Industry and Commerce by or under the

Acts and the Orders mentioned in the First Schedule to this Order are hereby transferred

to the Minister for Transport and Power.

(2) The functions vested in the Minister for Industry and Commerce by or under the

provisions mentioned in the third column of the Second Schedule to this Order at any

reference number of any Act mentioned in the second column of that Schedule at that

reference number are hereby transferred to the Minister for Transport and Power.

(3) The functions vested in the Minister for Industry and Commerce, whether by or

under any Act or instrument made thereunder or otherwise, in relation to railways,

light railways, tramways, canals, waterways, inland navigations, harbours, docks,

piers, gas undertakings and the production, sale and distribution of gas (other than

functions in relation to gas undertakings vested in the Minister for Industry and

Commerce by or under the Factories Act, 1955 (No. 20 of 1955), and functions in relation

to the weighing and measurement of gas) and not transferred by the preceding paragraphs

of this Article are hereby transferred to the Minister for Transport and Power.

(4) References to the Minister for Industry and Commerce contained in any Act or instrument

made thereunder, and in the Orders mentioned in the First Schedule to this Order,

and relating to any functions transferred by this Article shall, on and after the

operative date, be construed as references to the Minister for Transport and Power.

...

FIRST SCHEDULE.

Part I

Acts, functions under which are transferred from the Minister for Industry and Commerce

to the Minister for Transport and Power.

...

22. the Air Navigation and

Transport Acts, 1936 to 1959,

...

Editorial Notes

Power to appoint an authorised officer under

Air Navigation and Transport (Amendment) Act 1998

(24/1998), s. 48 as authorised officer under collectively cited

Airports and Aviation Acts

or for specific purposes provided (27.07.2014) by

State Airports (Shannon Group) Act 2014

(27/2014), s. 48(10), commenced on enactment.

Certain immunity of authorised officer under collectively cited

Airports and Aviation Acts

provided (27.07.2014) by

State Airports (Shannon Group) Act 2014

(27/2014), s. 49, commenced on enactment.

Previous affecting provision: power pursuant to collectively cited

Air Navigation and Transport Acts

exercised (1.06.1954) by

Air Navigation (Operations) Order, 1953 (Amendment) Order 1954

(S.I. No. 118 of 1954, in effect as per art. 1(3); revoked (1.07.1964) by

Air Navigation (Operations) Order 1964

(S.I. No. 140 of 1964), art. 4, in effect as per art. 1(2).

Previous affecting provision: power pursuant to collectively cited

Air Navigation and Transport Acts

exercised (1.12.1953) by

Air Navigation (Personnel Licensing) (Amendment) Order 1953

(S.I. No. 353 of 1953), in effect as per art. 1(3); revoked (1.09.1966) by

Air Navigation (Personnel Licensing) Order 1966

(S.I. No. 165 of 1966), art. 3, in effect as per art. 1(2).

Previous affecting provision: power pursuant to collectively cited

Air Navigation and Transport Acts

exercised (1.04.1953) by

Air Navigation (Operations) Order 1953

(S.I. No. 96 of 1953, in effect as per art. 1(2); revoked (1.07.1964) by

Air Navigation (Operations) Order 1964

(S.I. No. 140 of 1964), art. 4, in effect as per art. 1(2).

Previous affecting provision: power pursuant to collectively cited

Air Navigation and Transport Acts

exercised (1.04.1951 and 1.07.1951) by

Air Navigation (Personnel Licensing) Order 1951

(S.I. No. 33 of 1951), in effect as per art. 1(2), (3); revoked (1.09.1966) by

Air Navigation (Personnel Licensing) Order 1966

(S.I. No. 165 of 1966), art. 3(1), in effect as per art. 1(2), subject to transitional

provisions in art. 3(2).

Previous affecting provision: power pursuant to collectively cited

Air Navigation and Transport Acts

exercised (6.06.1950) by

Subsidy (Aer-Rianta, Teoranta) (No. 2) Order 1950

(S.I. No. 159 of 1950); rendered obsolete by passage of time.

Previous affecting provision: power pursuant to collectively cited

Air Navigation and Transport Acts

exercised (28.03.1950) by

Subsidy (Aer-Rianta, Teoranta) Order 1950

(S.I. No. 86 of 1950); rendered obsolete by passage of time.

Previous affecting provision: power pursuant to collectively cited

Air Navigation and Transport Acts

exercised (15.03.1948) by

Subsidy (Aer-Rianta, Teoranta) (No. 1) Order 1948

(S.I. No. 86 of 1948); rendered obsolete by passage of time.

E10

Previous affecting provision: power pursuant to collectively cited

Air Navigation and Transport Acts

exercised (25.04.1947) by

Subsidy (Aer-Rianta, Teoranta) (No. 2) Order 1947

(S.I. No. 145 of 1947); rendered obsolete by passage of time.

E11

Previous affecting provision: power pursuant to collectively cited

Air Navigation and Transport Acts

exercised (21.03.1947) by

Subsidy (Aer-Rianta, Teóranta) (No. 1) Order 1947

(S.I. No. 101 of 1947); rendered obsolete by passage of time.

E12

Previous affecting provision: power pursuant to collectively cited

Air Navigation and Transport Acts

exercised (14.05.1946) by

Subsidy (Aer-Rianta, Teóranta) Order 1946

(S.I. No. 146 of 1946); rendered obsolete by passage of time.